Research On The Validity And Remedy Of Civil Execution Auction With Blemish

Forced auctions as the most important means of civil execution price change, depending on the requirements of the law to conduct the auction, It is a prerequisite for mandatory auctions legally effective. But in the current judicial practice, when defects occur auction. Defects in the auction not only disrupt the normal procedure of forced sale, but also damages the legitimate interests of the parties to the auction. However, not only the effectiveness of existing legislation and the legal relief mechanism defect auction lack clear and specific provisions, and in theory the legal force and relief mechanism defect auction lack depth research, system. Thus, in order to regulate the civil enforcement forced auctions, clearly identified defects, the legal effect and relief mechanism auction has important practical value. Based on the case and sort out the analysis, based on our current legislation and theoretical research on the status of the defects auction system for civil execution flaws in the legal effect of the auction and the Relief Mechanism study and improve our flaws Auction make recommendations system.This paper is divided into four parts.The first part introduces the basic situation of the case and summarize the case the focus of controversy. Based on the brief introduction on the case, summed up the following case the focus of controversy: the case of the auction was whether the subject matter of the law prohibits the auction, the auction company blemishes disclaimer is valid, the auctions are valid and whether through civil legal proceedings to confirm the forced sale invalid. Through the example of the analysis, the problem can be found in the legal practice identified, legal effect and relief mechanism defect auction encountered, thereby seeking to the relevant jurisprudence in the following analysis and argument.The second part analyzes the legal issues related to. First, a clear defect auction auction means a civil enforcement violation of the law requirements, procedures or methods, can not achieve the purpose of the implementation of the auction a civil behavior. Since the flaw affected by illegal auction and other factors, and its legal effect, there are three possibilities: valid auction, the auction may revoke or auction invalid. Secondly, the status quo auctioneer flaws exemption system were combing and analysis, he pointed out that if the auctioneer no-fault do to defect accountability, beat given person at fault or auction conducted under the flaws disclaimer case, the auctioneer may alleviate or waive the warranty liability for auction objects. Again, discussed flaws auction relief mechanism of current legislation and the practical operation of the basic situation, and that the confirmation forced sale is invalid, the program can be found invalid by a special auction, which can not be achieved through civil proceedings. Finally, through the analysis on the implementation of extraterritorial two legal basic relief mechanism to provide references for the Improvement of defects auction relief mechanism.The third part of the case analysis and conclusion. Ying Dan presence of major building safety and quality problems, is the law prohibiting sale thereof. Although the auction company auction notice related defects Ying Dan buildings were disclaimer, but this statement can not be flawed auction exemptions. Therefore, for the building of auctions Ying Dan is invalid, the males do not bear the responsibility to make up the difference the auction. Although the building for auction behavior Ying Dan is invalid, but the forced sale of a public law legal characteristics and the forced sale of unequal relationship between the dominant position, it is in male company can not enforce civil proceedings to confirm the auction invalid.The fourth part, case studies and inspiration. For the current auction system defect problems to improve the legal system and the effectiveness of the relief mechanism of defect auction made the following recommendations: on the one hand, improve the forced sale of the good faith legal system, a forced sale procedure should strictly abide by fair, just and good faith principle; on the other hand, confirmed the auction invalid legal consequences and improve the auction invalid confirmation process, giving relief related to ways to protect the rights of the parties concerned due to defects and damage to the auction.